National Academy of Sciences “Standardization”: On What Terms?

The frequently cited 2009 National Academy of Sciences Report entitled “Strengthening Forensic Science in the United States: A Path Forward” has become a focal point of forensic science practitioners' discussions and research since its publication. One of its recommendations is “Standardized Terminology and Reporting”. Little has been published to date on this topic, although conversations and dialogs on the subject are ongoing. The upshot of this communication is to draw attention to the problem of one term in particular, perimortem, which may be only the proverbial “tip of the iceberg” in the lexicon‐related concerns of forensic scientists. Even if it is an isolated issue, it is one that reflects the need for a consensus on term use and definitions by interdisciplinary practitioners who are currently using the term haphazardly, to the confusion of colleagues and potentially finders‐of‐fact in the courts.     

Cranial Nonmetric Variation and Estimating Ancestry*

Abstract: Historically, when predicting the ancestry of human skeletal remains, forensic anthropologists have not fully considered the variation within human populations, but instead have relied on a typological, experience‐based approach. Unfortunately, reliance on observer experience has produced a method that is as much an art as it is a science. This research focuses on the frequency distribution and inter‐trait correlations of 11 common morphoscopic traits to demonstrate that the experience‐based approach to ancestry prediction is indeed an art that is unscientific, because it is unreplicable, unreliable, and invalid. Ten of 11 traits examined had frequency distributions with significant differences (p < 0.001) between groups, but the range in variation of these traits far exceeds previous assumptions. Such within group variation clearly demonstrates that extreme trait expressions are not reliable for estimating ancestry through visual observation alone, but instead that these traits should be analyzed within a statistical framework.     

An Improved Equation for TBS and ADD: Establishing a Reliable Postmortem Interval Framework for Casework and Experimental Studies

Megyesi et al.'s (J Forensic Sci, 2005, 50, 618) paper was important to forensic anthropology as it introduced a quantitative framework for estimating time since death in human cadavers, based upon physical appearance by way of scoring on a novel scale. However, errors concerning rounding, temperature scale, and incorrect use of a statistical regression model render their predictive formula unusable. Based upon only their more reliable data, a more appropriate regression model to predict accumulated degree days (ADD) from total body score (TBS) is presented. The new model is also a superior fit (r² = 0.91) and produces markedly narrower confidence intervals than the original, which also allowed impossible, negative ADD values. Explanations of the shortcomings in the original analysis and calculations are presented, which it is hoped will help forensic scientists avoid making similar mistakes.     

社会司法鉴定人和职能司法鉴定人比较评介

全国人大常委会《关于司法鉴定管理问题的决定》旨在建立统一司法鉴定管理体制,然而,实践中出现的鉴定机构和鉴定人管理双轨制使《决定》的立法初衷未能实现。＂两高＂、＂三部＂《通知》试图对此予以校正,将侦查机关所属＂职能鉴定人＂一并纳入司法行政部门的登记管理体系。由此出现的社会司法鉴定人和职能司法鉴定人仍然在管理上存在差异,从统一司法鉴定管理体制的角度看,职能司法鉴定人依旧具有不合理性。     

Forensic Facial Comparison: Issues of Admissibility in the Development of Novel Analytical Technique

Much contemporary debate in forensic science concerns validity and admissibility of scientific evidence in court. In this paper, three current approaches to facial identification—image superimposition, photogrammetry, and morphological analysis—are considered with regard to criteria for scientific evidence in the United States, and England, and Wales. The aim of the paper is to assess the extent to which facial image comparison meets criteria of admissibility in these jurisdictions. The method used is a comparative evaluation of the methods of facial image comparison and their underlying premises against the range of admissibility criteria reported in court rulings and relevant judicial and scientific inquiries in the United States and the United Kingdom. While the techniques of facial image comparison are generally accepted within their practitioner communities, they are not tested, and their error rates are unknown. On that basis, the methods of facial image comparison would appear not to meet the anticipated standards. They are, nevertheless, admitted in court in the United States, and England, and Wales. This paper concludes that further research in science and law will be necessary to more definitively establish admissibility of facial image comparison evidence, as it will for other nascent and novel methods that are potentially influential in court proceedings.     

Measurement of Postmortem Pupil Size: A New Method with Excellent Reliability and Its Application to Pupil Changes in the Early Postmortem Period

Measurement of postmortem pupil width is a potential component of death time estimation. However, no standardized measurement method has been described. We analyzed a total of 71 digital images for pupil–iris ratio using the software ImageJ. Images were analyzed three times by four different examiners. In addition, serial images from 10 cases were taken between 2 and 50 h postmortem to detect spontaneous pupil changes. Intra‐ and inter‐rater reliability of the method was excellent (ICC > 0.95). The method is observer independent and yields consistent results, and images can be digitally stored and re‐evaluated. The method seems highly eligible for forensic and scientific purposes. While statistical analysis of spontaneous pupil changes revealed a significant polynomial of quartic degree for postmortem time (p = 0.001), an obvious pattern was not detected. These results do not indicate suitability of spontaneous pupil changes for forensic death time estimation, as formerly suggested.     

The Effect of Soft Tissue on Temperature Estimation from Burnt Bone Using Fourier Transform Infrared Spectroscopy

This study investigated the effect of soft tissue and different exposure times on the prediction of burning temperatures of bone when using Fourier transform infrared spectroscopy (FTIR). Ovis aries rib bones were burnt at different temperatures and for varying time intervals. Results of a linear regression analysis indicated that burn temperatures can be predicted with a standard error of ±70°C from defleshed bone spectra. Exposure time does not have a significant impact on prediction accuracy. The presence of soft tissue has a significant impact on heat‐induced changes of the bone matrix in low (<300°C) as well as high temperatures (>800°C), slowing down combustion in the former and accelerating it in the latter (p < 0.05). At medium temperatures, no significant difference was noted. These results provide forensic investigators a new perspective with which to interpret the results of crystallinity measures derived from burnt bone.     

Educating Jurors about Forensic Evidence: Using an Expert Witness and Judicial Instructions to Mitigate the Impact of Invalid Forensic Science Testimony

Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials.     

An Alternative Method to Using a Mandibulometer

Mandibular length, mandibular angle, and maximum ramus height measurements used during forensic evaluation of skeletal remains require use of a mandibulometer. This study presents a new method of taking these measurements from images, so that practitioners without access to an expensive mandibulometer or those working with 3D models (e.g., CT scans) can collect and utilize these measurements. Ten trials performed on a sample of 45 mandibles were used to compare measurements collected from photographs and images extracted from 3D surface scans to those collected with a mandibulometer, including intra‐ and inter‐observer analyses. All technical error of measurement (TEM) values were less than 2 mm regardless of observer, trial, or method. Relative TEM values were less than 2% for all except mandibular length (2.10%) and ramus height (2.32%) for the right versus left photographs. Results are comparable with mandibulometer error rates, indicating that the proposed method is accurate and reliable.     

Species Identification of Cannabis sativa Using Real‐Time Quantitative PCR (qPCR),

Most narcotics‐related cases in the United States involve Cannabis sativa. Material is typically identified based on the cystolithic hairs on the leaves and with chemical tests to identify of the presence of cannabinoids. Suspect seeds are germinated into a viable plant so that morphological and chemical tests can be conducted. Seed germination, however, causes undue analytical delays. DNA analyses that involve the chloroplast and nuclear genomes have been developed for identification of C. sativa materials, but they require several nanograms of template DNA. Using the trnL 3′ exon‐trnF intragenic spacer regions within the C. sativa chloroplast, we have developed a real‐time quantitative PCR assay that is capable of identifying picogram amounts of chloroplast DNA for species determination of suspected C. sativa material. This assay provides forensic science laboratories with a quick and reliable method to identify an unknown sample as C. sativa.     

The Impact of Daubert on the Admissibility of Forensic Anthropology Expert Testimony

Forensic anthropologists anticipated a significant impact from the 1993 Supreme Court Daubert decision, which addressed the standard of admissibility for expert testimony. In response, many forensic articles cited Daubert in the search for objective techniques or a critique of established subjective methods. This study examines challenges to forensic anthropological expert testimony to evaluate whether Daubert has actually affected the admissibility of such testimony. Thirty cases were identified that addressed the admissibility of the testimony, including 14 cases prior to Daubert and 16 after Daubert. Examination of these cases indicates that post‐Daubert cases do not result in more exclusions. Yet, this lack of exclusions may instead be viewed as a manifestation of the field's overall surge toward more objective and quantifiable techniques in a self‐regulating response to Daubert.     

A Test of the Passalacqua Age at Death Estimation Method Using the Sacrum

A test of the accuracy of the Passalacqua (J Forensic Sci, 5, 2009, 255) sacrum method in a forensic context was performed on a sample of 153 individuals from the J.C.B. Grant Skeletal Collection. The Passalacqua (J Forensic Sci, 5, 2009, 255) method assesses seven traits of the sacrum using a 7‐digit coding system. An accuracy of 97.3% was achieved using the Passalacqua (J Forensic Sci, 5, 2009, 255) method to estimate adult skeletal age. On average each age estimate differed by 12.87 years from the known age. The method underestimated the age of individuals by an average of 4.3 years. An intra‐observer error of 6.6% suggests that the method can be performed with precision. Correlation and regression analysis found that the sacral traits used in the Passalacqua (J Forensic Sci, 5, 2009, 255) method did not have a strong relationship with age or an ability to strongly predict age. Overall, the method was not practical for use in a forensic context due to the broad age ranges, despite the high accuracy and low intra‐observer error.     

Forensic Gait Analysis and Recognition: Standards of Evidence Admissibility

Gait is one biological characteristic which has attracted strong research interest due to its potential use in human identification. Although almost two decades have passed since a forensic gait expert has testified to the identity of a perpetrator in court, the methods remain insufficiently robust, considering the recent paradigm shift witnessed in the forensic science community regarding quality of evidence. In contrast, technological advancements have taken the lead, and research into automated gait recognition has greatly surpassed forensic gait analysis in terms of the size of acquired datasets and demographic variability of participants, tested variables, and statistical evaluation of results. Despite these advantages, gait recognition presents with different problems which are yet to be resolved. Therefore, courts should treat gait evidence with caution, as they should any other form of evidence originating from disciplines without fully established codes of practice, error rates, and demonstrable applications in forensic scenarios.     

Pitfalls in the Interpretation of Traumatic Socioethnic Practices

The purpose of this case study was to raise awareness among forensic pathologists and medicolegal death investigators regarding two unique socioethnic practices and regional customs that have significant forensic implications. We present two cases involving coining (gua sha) and bloodletting (sapi) that represent two forms of traditional customs that involve the use of blunt force and sharp force trauma, respectively. In coining, the skin lesions are produced as a result of dermabrasion with oils and oval objects such as coin. In sapi, multiple superficial linear scrapes are made in the skin as part of a bloodletting ceremony. The identification of these lesions will prevent the interpretation of them as non‐voluntary‐inflicted trauma.     

Forensic Significance of Gunshot Impact Marks on Inanimate Objects: The Need for Translational Research

Wherever an impact mark is found, either on the surface or on the recovered projectile, it is important for forensic investigators to extract useful information in solving shooting-related cases. This article reviews a collection of works on examination of impact marks upon striking of projectiles on inanimate objects, emphasizing on the retrievable information from a shooting scene and their forensic significance in shooting event reconstruction. Literature suggested that impact marks on target surfaces and the degree of deformation on striking projectiles vary according to different combinations of ammunition and surface materials. It was noted that conditions in real-case scenarios further differed unpredictably in comparison with controlled studies, where forensic investigation should be treated as case-specific basis. Furthermore, the way forensic science is researched and applied operationally has to be reconsidered to reduce the gap via translational approach for more effective use of forensic evidence.     

An Update on the Hazards and Risks of Forensic Anthropology,Part II: Field and Laboratory Considerations

This paper focuses on potential hazards and risks to forensic anthropologists while working in the field and laboratory in North America. Much has changed since Galloway and Snodgrass published their seminal article addressing these issues. The increased number of forensic practitioners combined with new information about potential hazards calls for an updated review of these pathogens and chemicals. Discussion of pathogen hazards (Brucella, Borrelia burgdorferi, Yersinia pestis, Clostridium tetani and West Nile virus) includes important history, exposure routes, environmental survivability, early symptoms, treatments with corresponding morbidity and mortality rates, and decontamination measures. Additionally, data pertaining to the use of formaldehyde in the laboratory environment have resulted in updated safety regulations, and these are highlighted. These data should inform field and laboratory protocols. The hazards of working directly with human remains are discussed in a companion article, “An Update on the Hazards and Risks of Forensic Anthropology, Part I: Human Remains.”     

Morphoscopic Trait Expression in “Hispanic” Populations

This study evaluates population variation of eight cranial morphoscopic traits using samples of known southwest Hispanics (n = 72), Guatemalans (n = 106), American Blacks (n = 146), and American Whites (n = 218). We applied the support vector machine (SVM) method to build a prediction model based on a subsample (20%) of the data; the remainder of the data was used as a test sample. The SVM approach effectively differentiated between the four groups with correct classification rates between 72% (Guatemalan group) and 94% (American Black group). However, when the Guatemalan and southwest Hispanic samples were pooled, the same model correctly classified all groups with a higher degree of accuracy (American Black = 96%; American White = 77%; and the pooled Hispanic sample = 91%). This study also identified significant differences between the two Hispanic groups in six of the eight traits using univariate statistical tests. These results speak to the unique population histories of these samples and the current use of the term “Hispanic” within forensic anthropology. Finally, we argue that the SVM can be used as a classification model for ancestry estimation in a forensic context and as a diagnostic tool may broaden the application of morphoscopic trait data for the assessment of ancestry.     

中外法庭科学标准化研究现状比较与发展趋势

近年来,我国法庭科学发展迅猛,开始受到广泛关注和重视。经过多年的研究和推动,标准化正逐步深入到法庭科学的日常实践中,通过制定和实施标准规范,确保法庭科学结果质量,更好发挥科学技术在执法司法中的重要作用。标准化研究是法庭科学标准化工作的重要环节,也是推动法庭科学标准化发展的基础和动力。国内外法庭科学研究者都高度重视法庭科学标准化研究,许多新理念、新思想、新方法不断涌现。本文从标准定位、标准化对象、标准颗粒度、标准体系、质量控制、国际标准化六个方面对当前中外法庭科学标准化研究的现状进行了深入全面的归纳和比较,指出了国内外在法庭科学标准化研究方面的相似和差异,并对法庭科学标准化研究的未来发展趋势进行了分析,以求为推动我国法庭科学领域标准化工作高质量发展提供借鉴和参考。     

A Comparative Assessment of the Chen et al. and Suchey‐Brooks Pubic Aging Methods on a North American Sample, ,

Accurately estimating the age‐at‐death of adult human skeletons is fundamental in forensic anthropology. This study evaluates the accuracy of two pubic bone age estimation methods—Chen et al. and Suchey‐Brooks. Specimens were obtained from a known collection of modern pubic bones curated at the Maricopa County Forensic Science Center in Phoenix, Arizona. A sample of 296 left male pubic bones of European ancestry was statistically evaluated via bias, absolute mean error, and intra‐ and inter‐observer error. Results indicate that the two methods are similar; the Suchey‐Brooks method is the most accurate for aging young adults (error c. 7 years), while the Revised Chen et al. method is most accurate for aging middle‐age adults (error c. 6 years). Thus, the Chen et al. method is an important contribution to forensic anthropology for aging older adult skeletal remains. There are, however, some limitations such as subjectivity and the intricate scoring system of Chen et al. method.     

Identifying and measuring juror pre-trial bias for forensic evidence: development and validation of the Forensic Evidence Evaluation Bias Scale

Abstract

Previous research has provided support for the impact of juror pre-trial bias on judicial decision making, particularly in cases where the evidence presented at trial is of weak or ambiguous probative value. In an effort to identify whether a pre-trial bias for forensic evidence exists, the Forensic Evidence Evaluation Bias Scale (FEEBS) was developed and tested. The results of a principal components analysis suggested that two distinct constructs were being measured, corresponding to a pro-prosecution and pro-defence bias toward forensic evidence. In a second validation study, scores on these two subscales were compared with other existing juror bias measures (Juror Bias Scale and Belief in a Just World) and in a mock juror decision making task only the pro-prosecution subscale of the FEEBS predicted the perceived strength of forensic evidence. A partial mediation model is presented which explains the relationship between this bias and verdict preferences. The implications of this potential juror bias are discussed in the context of real juries, the CSI Effect (which refers to anecdotal claims that jurors are biased by the popularity of fictional representations of forensic science on television) and peremptory challenges, as well as future research directions.